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92 articles are classified in All Articles > Legal > Common law


Lawyer loses adverse action, bullying case

A court has found that a law firm acted quickly to investigate claims of harassment by one of its solicitors and was entitled to treat emails from her stating that the employment relationship had broken down as a resignation.

Court refuses injunction in TV network brawl

Both sides are claiming victory in the contractual tug-of-war over veteran programming executive John Stephens, following the NSW Supreme Court's refusal to grant the Ten Network an injunction to stop him taking up a new role with the Seven Network.

Delay in enforcing restraint clause costly for Fairfax

A court has found it seriously arguable that a contractual clause was reasonable in restraining a Fairfax executive from working for a competitor for six months, but refused to order him to comply because the publisher was slow to enforce it and because he had given undertakings not to poach clients or use his former employer's confidential information.

Six month restraint clause reasonable, court rules

An executive must pay his former employer more than half a million dollars for fiduciary and contractual breaches, after the NSW Supreme Court upheld the reasonableness of a contract clause restraining him from working for another advertising agency for six months anywhere in Australia after his employment ended.

Court rules employer disciplinary breach not "trivial", awards compensation

The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.

CBA tells High Court to ignore House of Lords "trust and confidence" ruling

In one of the most significant employment law cases in the last hundred years, a former Commonwealth Bank executive asked the High Court on Monday to balance the "ledger" by recognising the existence of an implied term of trust and confidence in all Australian employment contracts, while the bank warned it against adopting English law.


Appeal court upholds $1.6m payout to sales director

A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.

BCA calls for direct engagement, PC inquiry

The BCA has called for an IR framework that provides for direct engagement between employers and employees, and a Productivity Commission inquiry into Australia's IR system.

Johns defends FWBC approach to Grocon dispute, as talks set to resume

Fair Work Building and Construction chief executive Leigh Johns has challenged those who say the inspectorate should have intervened in the Grocon Supreme Court proceedings to identify the powers it could have relied upon, while the main players are about to head back for more talks with FWA President, Justice Iain Ross.